(c)
The
coal mining practices were conducted pursuant to a license that was issued
prior to April 10, 1972.

(2)
"Eligible landowner" means a landowner who provides access without charge or
other consideration to abandoned mine land that is located on the landowner's
property for the purpose of allowing the implementation of a reclamation
project on the abandoned mine land. "Eligible landowner" does not include a
person that is responsible under state or federal law to reclaim the land or
address acid mine drainage existing or emanating from the abandoned mine
land.

(3)
"Landowner" means a person who holds a fee interest in
real property.

(4)
"Nonprofit organization" means a corporation,
association, group, institution, society, or other organization that is exempt
from federal income taxation under section 501(c)(3) of the "Internal Revenue
Code of 1986," 100 Stat. 2085,
26 U.S.C. 501(c)(3), as amended, that
provides funding or services at no cost or at cost for a reclamation
project.

(5)
"Reclamation project" means an acid mine drainage
abatement project that is conducted in compliance with this chapter and rules
adopted under it on abandoned mine land that is located on property owned by an
eligible landowner.

(6)
"Reclamation project work area" means the portion of a parcel of real property
on which a reclamation project is conducted and the roads providing ingress to
and egress from the reclamation project.

(B)
Except
as provided in divisions (C) and (D) of this section, an eligible landowner or
nonprofit organization is immune from liability as follows:

(1)
For
any injury to or damage suffered by a person working under the direct
supervision of the division of mineral resources management while the person is
within the reclamation project work area;

(2)
For
any injury to or damage suffered by a third party that arises out of or occurs
as a result of an act or omission of the division during the construction,
operation, and maintenance of the reclamation project;

(3)
For
any failure of an acid mine drainage abatement facility constructed or
installed during a reclamation project that is supervised by the
division;

(4)
For the operation, maintenance, or repair of any acid
mine drainage abatement facility constructed or installed during a reclamation
project unless the eligible landowner negligently damages or destroys the acid
mine drainage abatement facility or denies access to the division of mineral
resources management that is responsible for the operation, maintenance, or
repair of the acid mine drainage abatement facility.

(C)
The
eligible landowner shall notify the division of a known, latent, dangerous
condition located at a reclamation project work area that is not the subject of
the reclamation project. The immunity established in division (B) of this
section does not apply to any injury, damage, or pollution resulting from the
eligible landowner's failure to notify the division of such a known, latent,
dangerous condition.

(D)
The
immunity established in division (B) of this section does not apply in both of
the following circumstances:

(1)
An
injury to a person within the reclamation project work area that results from
an eligible landowner's or nonprofit organization's acts or omissions that are
reckless or constitute gross negligence or willful or wanton misconduct;

(2)
An
eligible landowner or nonprofit organization who engages in any unlawful
activities with respect to a reclamation project.

(E)
The
chief of the division of mineral resources management shall adopt rules in
accordance with Chapter 119. of the Revised Code that are necessary to
implement this section.